Formal judgment sent to the registrar of the court of appeal and all parties

2007-03-16

Judgment on appeal and notice of deposit of judgment sent to all parties

2007-03-15

Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA031385, 2005 BCCA 285, dated May 20, 2005, heard on October 16, 2006, is dismissed, McLachlin C.J. and Binnie, LeBel and Abella JJ. dissenting.Dismissed

Notice of appearance, Graham Garton, Q.C. and Sean Gaudet will be appearing at the hearing.

Attorney General of Canada

2006-09-22

Respondent's record, pursuant to the order of July 25, 2006, Completed on: 2006-09-22

Attorney General of Canada

2006-09-22

Supplemental document, Supplementary Book of Authorities

Attorney General of Canada

2006-09-22

Reply factum on appeal, Completed on: 2006-09-22

Attorney General of Canada

2006-09-13

Order by, Ba, FURTHER TO THE ORDERS of Bastarache J. dated January 13, 2006 and July 17, 2006, granting leave to intervene jointly to the Canadian Broadcasting Corporation, CTV Inc., TVA Group Inc., Rogers Broadcasting Limited, CHUM Limited, Sun Media Corporation and Sun Media (Toronto) Corporation, the Canadian Press, The Globe and Mail, CanWest Media Works Inc. and CanWest MediaWorks Publications Inc. and Canoe Inc., and to the Canadian Civil Liberties Association;IT IS HEREBY FURTHER ORDERED THAT the said joint media interveners on one part, and the CCLA on the other, are granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.Granted

2006-09-11

Intervener's factum, as per Order of July 17/06 from Bastarche J., New CD rec'd Sept. 11/06, Completed on: 2006-09-25

Canadian Civil Liberties Association

2006-08-23

Notice of hearing sent to parties

2006-08-21

Appeal hearing scheduled, 2006-10-16Judgment reserved

2006-08-17

Notice of withdrawal, of intervention respecting a constitutional question

Attorney General of Ontario

2006-07-26

Order on motion to extend time, (BY BASTARACHE J.)

2006-07-26

Decision on motion to extend time, Ba, IT IS ORDERED that the time within which the Respondent, Her Majesty the Queen's factum may be served and filed be, and the same is hereby extended to and including July 6, 2006.AND IT IS FURTHER ORDERED that the said Respondent, Her Majesty the Queen, may present oral argument on the hearing of this appeal.Granted

2006-07-25

Order on motion to adduce new evidence, (BY BASTARACHE J.)

2006-07-25

Decision on motion to adduce new evidence, Ba, UPON APPLICATION by the respondent, Attorney General of Canada, for an order granting leave to adduce as further evidence a press release setting out the results of a public opinion survey conducted by Decima Research and Carleton University which were published in January 2006;AND THE MATERIAL filed having been read;IT IS HEREBY ORDERED THAT:The motion by the respondent, Attorney General of Canada, for an order granting leave to adduce as further evidence a press release setting out the results of a public opinion survey conducted by Decima Research and Carleton University which were published in January 2006 is granted.

Decision on the motion for leave to intervene, Ba, UPON APPLICATIONS by the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association for leave to intervene in the above appeal;AND THE MATERIAL FILED having been read;IT IS HEREBY ORDERED THAT:The motion for leave to intervene of the applicant, the Canadian Civil Liberties Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.The motion for leave to intervene of the applicant, the British Columbia Civil Liberties Association, is denied.The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.Pursuant to Rule 59(1)(a) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.IT IS FURTHER ORDERED THAT:The respondent, the Attorney General of Canada, is permitted to serve and file a reply factum not to exceed 20 pages in length within two weeks of the service of all interveners' factum.

Allowed in part

2006-07-17

Submission of motion for leave to intervene, Ba

2006-07-14

Response to the motion to adduce new evidence, (Letter Form), from Gowlings dated July 14/06 (joint with response for interventions), Completed on: 2006-07-14

Her Majesty the Queen

2006-07-14

Response to the motion for leave to intervene, (Letter Form), from Gowlings dated July 14/06 (by Can. Civil Lib. and B.C. Civil Lib.)(joint with response to motion for fresh evidence), Completed on: 2006-07-14

Her Majesty the Queen

2006-07-14

Response to motion to extend time, Completed on: 2006-07-14

Attorney General of Canada

2006-07-14

Motion to extend time, to file the respondent's factum to July 6/06 and to present oral argument, Completed on: 2006-07-21

Decision on miscellaneous motion, Ba, UPON APPLICATION by the Canadian Broadcasting Corporation, CTV Inc., TVA Group Inc., Rogers Broadcasting Limited, CHUM Limited, Sun Media Corporation and Sun Media (Toronto) Corporation, the Canadian Press, The Globe and Mail, CanWest Media Works Inc. and CanWest MediaWorks Publications Inc. and Canoe Inc. (collectively the "Interveners") for an order receiving affidavits into the record as evidence on the appeal, which motion was deferred on January 13, 2006, until the filing of the respondents' responses to the said motion;AND UPON THE FILING of the respondents' responses to the motion;AND THE MATERIAL filed having been read;IT IS HEREBY ORDERED THAT: 1) The motion is granted in part. 2) The following affidavits shall be received into the record as evidence on the appeal: Affidavit of Kaan Yigit, sworn December 28, 2005; Affidavit of Bryan Segal, sworn December 30, 2005; Affidavit of tony Burman, sworn January 3, 2006; Affidavit of Anton Koschany, sworn January 3, 2006; Affidavit of Maxime Bédard, sworn January 3, 2006; Affidavit of John Hinnen, sworn January 3, 2006; Affidavit of Peter Palframan, sworn January 3, 2006; Affidavit of Scott White, sworn January 3, 2006; Affidavit of Neil Campbell, sworn January 3, 2006; Affidavit of Jose Leal, sworn January 3, 2006; and Affidavit of Steven J. Pasternak, sworn January 3, 2006. 3) The two affidavits of Daniel Henry, sworn on January 3 and January 9, 2006, shall not be received as evidence.Allowed in part

Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)(see order to extend time dated March 9/06)

2006-02-10

Decision on the motion to state a constitutional question, CJ, 1. Does s. 329 of the Canada Elections Act, S.C. 2000, c. 9, infringe s. 2(b) of the Canadian Charter of Rights and Freedoms?2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?IT IS FURTHER ORDERED THAT: Pursuant to Rule 61(1) of the Rules of the Supreme Court of Canada, Attorneys General intervening in this appeal under Rule 61(4) shall pay to the appellant any additional disbursements occasioned to the appellant by their intervention.Granted

Response to the motion to state a constitutional question, Completed on: 2006-01-26

Attorney General of Canada

2006-01-19

Correspondence received from, S. David Frankel, Q.C. dated Jan. 19/06 re: expects to file a response to motion to file affidavits in several weeks (see order dated Jan. 13/06)

Attorney General of Canada

2006-01-13

Decision on motion to extend time, to file a single response, of up to 20 pages, to the applications for a temporary stay, RegGranted

2006-01-13

Submission of motion to extend time, Reg

2006-01-13

Order on miscellaneous motion, (BY BASTARACHE J.)

2006-01-13

Decision on miscellaneous motion, Ba, 1. The motions of the Appellant and Interveners for abridgements of time are granted, except with respect to the motion of the Interveners for an order receiving affidavits into the record as evidence on the appeal.4. A decision on the motion of the Interveners for an order receiving affidavits into the record as evidence on the appeal is deferred until the Respondents have filed their response to the said motion.Referred, no order as to costs

2006-01-13

Order on motion for leave to intervene, (BY BASTARACHE J.)

2006-01-13

Decision on the motion for leave to intervene, Ba, 3. The joint motion for leave to Intervene of the Interveners, by the Canadian Broadcasting Corporation, CTV Inc., TVA Group Inc., Rogers Broadcasting Limited, CHUM Limited, Sun Media Corporation and Sun Media (Toronto) Corporation, the Canadian Press, The Globe and Mail, CanWest Media Works Inc. and CanWest MediaWorks Publications Inc. and Canoe Inc., is granted and they shall be entitled to serve and file a single joint factum not to exceed 30 pages in length within ten weeks after service of the Appellant's factum. The Respondents are permitted to file a reply factum not to exceed 10 pages in length within two weeks of the service of the Interveners' factum.

A decision on the request by the Interveners to present oral argument is deferred to a date following receipt and consideration of the factums of the parties and the Interveners.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the Interveners shall pay to the Appellant and Respondents any additional disbursements incurred by the Appellant and Respondents as a result of the intervention.Granted

2006-01-13

Order issued on motion for a stay of execution, (BY BASTARACHE J.)

2006-01-13

Decision on the motion for a stay of execution, Ba, 1. The motion of the Interveners for an order declaring the judgment of the Court of Appeal to be stayed; an order granting an oral hearing on the said motion; and an order granting a temporary suspension of ss. 329 and 495(4)(d) of the Canada Elections Act, is dismissed.2. The motion of the Appellant for an order declaring the judgment of the Court of Appeal to be stayed; an order granting an oral hearing on the said motion; and an order granting a temporary suspension of ss. 329, 495(4)(d) and 500(4) of the Canada Elections Act, is dismissed.2. The motion of the Interveners for an order expediting the hearing of the appeal is dismissed.Dismissed

2006-01-12

Motion to state a constitutional question, (bookform), Completed on: 2006-01-12

Copy of formal judgment sent to Registrar of the Court of Appeal and all parties

2005-12-16

Judgment on leave sent to the parties

2005-12-15

Decision on the application for leave to appeal, CJ Bi Cha, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA031385, 2005 BCCA 285, dated May 20, 2005, is granted without costs.

Granted, without costs

2005-11-22

Order on motion to extend time

2005-11-22

Decision on motion to extend time, to serve and file the applicant's reply to Nov. 16/05, DeRgGranted

2005-11-22

Response to motion to extend time, Completed on: 2005-11-22

Attorney General of Canada

2005-11-22

Submission of motion to extend time, DeRg

2005-11-21

Response to motion to extend time, Completed on: 2005-11-21

Her Majesty the Queen

2005-11-16

Motion to extend time, to file the reply on Nov. 16, 2005, Completed on: 2005-11-16

All materials on application for leave submitted to the Judges, CJ Bi Cha

2005-10-17

Respondent's response on the application for leave to appeal, Completed on: 2005-10-17

Attorney General of Canada

2005-10-14

Order on motion to add or substitute parties, (BY MAJOR J.)

2005-10-14

Decision on motion to add or substitute parties, Ma, UPON APPLICATION by the Attorney General of Canada to be added as a party respondent or for leave to intervene in the above mentioned application for leave to appeal; AND THE MATERIAL FILED having been read;IT IS HEREBY ORDERED THAT:The motion to be added as a party respondent on behalf of the Attorney General of Canada is granted. The Attorney General of Canada shall serve and file its response on or before October 18, 2005.Granted

2005-10-14

Order on motion to leave to intervene, (BY MAJOR J.)

2005-10-14

Decision on motion for leave to intervene, Ma, UPON APPLICATION by the CTV Inc., the Canadian Broadcasting Corporation and CanWest Media Works Inc. for leave to intervene in the above mentioned application for leave to appeal; AND THE MATERIAL FILED having been read;IT IS HEREBY ORDERED THAT:The motion on behalf of the CTV Inc., the Canadian Broadcasting Corporation and CanWest Media Works Inc. is dismissed without prejudice to the applicants' right to apply for leave to intervene in the appeal, if the Court grants the application for leave to appeal.Dismissed

2005-10-13

Submission of motion to add or substitute parties, Ma

2005-10-13

Submission of motion for leave to intervene, Ma

2005-10-11

Response to the motion for leave to intervene, (Letter Form), from Lang, Michener dated October 11, 2005 re: no objection to the motion to intervene, Completed on: 2005-10-11